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Financial Restructuring & Insolvency | South Africa

Financial Restructuring & Insolvency

South Africa

Our dedicated team of restructuring and insolvency lawyers in South Africa advise all types of stakeholders involved in, or impacted by, financial restructuring and corporate business rescue and insolvency situations.

What we do

We provide pragmatic, business-focused advice and guidance to our clients. We have a strong track record of advising a broad spectrum of clients on national and cross-border restructuring, insolvency and business rescue. Successfully navigating what is often a complex landscape calls for creative and bold solutions from experienced practitioners.

We understand the legal and business drivers involved when a company gets into financial difficulties and we have the technical skills and expertise to help achieve the best possible outcome.

Our clients 

Our clients include banks, public and privately-owned companies, distressed debt funds, financial advisers, pension funds, insurance companies, turnaround specialists and boards of directors.

Seamless, integrated service

Where required, as it often is on these types of mandates, we draw upon and benefit from the experience of lawyers across wider practice areas, including litigation, real estate, corporate and commercial, mining, telecommunications, capital markets, tax, to complement our core restructuring offering.

Our services 

We assist clients with:

  • business rescue advice
  • corporate restructuring
  • covenant amendments and refinancing 
  • debt and equity recapitalizations
  • debt to equity conversions
  • debt recovery
  • distressed debt trading
  • employment fraud
  • enforcement of security and audits 
  • financial restructuring of non-performing loans
  • forensic investigations
  • governance matters to companies in distress
  • insolvency advice 
  • insolvency due diligence exercises
  • lender consortium arrangements
  • post commencement finance in business rescue 
  • risk management
  • schemes of arrangement
  • security reviews
  • standstill arrangements
  • structuring new money solutions
  • viability assessments 
  • voidable transactions and other insolvency litigation
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The team is experienced, efficient, well priced and professional

Legal 500 | Banking & Finance, South Africa, 2020

It is one of the shining firms that understands banking and finance law from a structuring, distressed scenario and insolvency law perspective.

Legal 500 | Banking & Finance, South Africa, 2020

As my lender counsel they carried themselves as an essential cog in the commercial discussions, which is over and above their true scope

Legal 500 | Banking & Finance, South Africa, 2020
7 October 2019
CMS ex­pands in Africa
Frank­furt, 7 Oc­to­ber 2019. CMS an­nounces that RM Part­ners and Daly & In­am­dar Ad­voc­ates, based in South Africa and Kenya re­spect­ively, have today joined the lead­ing glob­al law firm. Go­ing for­ward, they will be known as CMS RM Part­ners and CMS Daly In­am­dar Ad­voc­ates.The ad­di­tion of these firms con­sid­er­ably strengthens CMS’s pres­ence in Africa, already en­com­passing An­gola, Al­ger­ia and Mo­rocco. For over 50 years, CMS has de­veloped a track re­cord of sig­ni­fic­ant deals in Africa, show­cas­ing its deep know­ledge of the leg­al sys­tems across the con­tin­ent. CMS now has 75 of­fices in 43 coun­tries and more than 4,800 law­yers world­wide.Duncan We­st­on, Ex­ec­ut­ive Part­ner, CMS said, “Our cli­ents see Africa as a ma­jor growth op­por­tun­ity, and many are look­ing to ex­pand in­to key mar­kets on the con­tin­ent. South Africa and Kenya are both siz­able eco­nom­ies, but they’re also gate­ways in­to oth­er sub-Saha­ran mar­kets. RM Part­ners and Daly & In­am­dar Ad­voc­ates have out­stand­ing repu­ta­tions thanks to their loc­al mar­ket know­ledge and the over­all qual­ity of ser­vice they provide to cli­ents.” With this ex­pan­sion, CMS is un­veil­ing a ded­ic­ated or­gan­isa­tion that brings to­geth­er our Afric­an firms and ex­perts in a unique mod­el and aligned prac­tices to provide our cli­ents with the best sup­port in Africa. CMS Africa has a pres­ence in the most dy­nam­ic re­gion­al hubs – Cas­ab­lanca, Jo­han­nes­burg and Nairobi – provid­ing us with a strong foot­print, sus­tained by of­fices in Al­gi­ers, Lu­anda and Mom­basa. CMS Africa of­fers the ideal al­tern­at­ive for tax and leg­al ser­vices in Africa, a po­s­i­tion that is be­ing re­in­forced through the ad­di­tion of the new firms.CMS RM Part­nersCMS RM Part­ners spe­cial­ises in provid­ing prac­tic­al and in­nov­at­ive leg­al, tax and trans­ac­tion ad­vis­ory ser­vices. It is com­mit­ted to de­vel­op­ing young Afric­an tal­ent and is ac­cred­ited as a Black Eco­nom­ic Em­power­ment (BEE) Level 1 law firm. Foun­ded by seni­or law­yers with ex­cep­tion­al track re­cords from top in­ter­na­tion­al and loc­al firms, the firm is based in Jo­han­nes­burg and com­prises more than 20 law­yers. Its cli­ents in­clude loc­al private and pub­lic in­sti­tu­tions, lis­ted com­pan­ies and nu­mer­ous glob­al en­ter­prises.Riza Moosa, Founder and Dir­ect­or at CMS RM Part­ners, said, “We are on a jour­ney to trans­form and mod­ern­ise the South Afric­an leg­al mar­ket, but we also re­cog­nise the im­port­ance of an Afric­an and in­ter­na­tion­al foot­print. Join­ing CMS is the right step for our firm be­cause they re­cog­nise the im­port­ance of grow­ing an Afric­an busi­ness from Africa, and have a clear, re­gion­ally-fo­cused growth plan for Africa which aligns with our own strategies.”CMS Daly In­am­dar Ad­voc­atesCMS Daly In­am­dar Ad­voc­ates is one of the top-rank­ing law firms in Kenya. It was formed via the mer­ger of two of Kenya’s old­est law firms and com­prises more than 35 law­yers work­ing out of of­fices in Nairobi and Mom­basa. The firm’s part­ners have handled nu­mer­ous ground-break­ing com­mer­cial trans­ac­tions and con­ten­tious civil dis­putes.Ham­ish Keith, Seni­or and Man­aging Part­ner at CMS Daly In­am­dar Ad­voc­ates, said, “Kenya is East and Cent­ral Africa’s epi­centre of tech in­nov­a­tion and its eco­nom­ic ex­pan­sion has been sup­por­ted by a gov­ern­ment that is com­mit­ted to im­ple­ment­ing busi­ness re­forms. Our de­cision to join CMS fol­lows a peri­od of close col­lab­or­a­tion on cli­ent work and a shared com­mit­ment to ser­vice. This will only deep­en as Kenya be­comes in­creas­ingly at­tract­ive as a des­tin­a­tion for for­eign in­vest­ment.”Pierre-Sé­bas­tien Thill, Chair­man, CMS, said, “This is an ex­cit­ing time in the de­vel­op­ment of CMS. Our cli­ents have a glob­al mind­set, and when they come to CMS, they need to know that they can ac­cess qual­ity ad­vice and ser­vice de­liv­ery in every ma­jor jur­is­dic­tion. One of our primary ob­ject­ives for the next four years is to fur­ther grow our geo­graph­ic­al reach. This is a sig­ni­fic­ant ex­pan­sion in our jour­ney to be­com­ing a genu­inely glob­al law firm.”
#1ex­pert1minute – CMS ex­perts on the im­pact of Cov­id-19
In our series #1ex­pert1minute, CMS ex­perts talk about the im­pact of COV­ID-19 on busi­ness and what busi­ness lead­ers should do at the mo­ment.Find the videos be­low. eznode://563978